APPELLATE COURT OPINIONS

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Than Those Articulated By The Majority. The Majority Relies Upon State v. Marshall,

03C01-9602-CC-00066

Originating Judge:R. Steven Bebb
McMinn County Court of Criminal Appeals 06/10/97
State vs. Johnny Perry

02C01-9605-CR-00160

Originating Judge:L. Terry Lafferty
Shelby County Court of Criminal Appeals 06/10/97
Than Those Articulated By The Majority. The Majority Relies Upon State v. Marshall,

03C01-9602-CC-00066

Originating Judge:R. Steven Bebb
McMinn County Court of Appeals 06/10/97
State vs. Jimmy Robinson

02C01-9603-CC-00079
Lake County Court of Criminal Appeals 06/10/97
David Dunnehew vs. Donna Dunnehew

02A01-9604-CH-00079
Court of Appeals 06/09/97
State vs. Freddie Mans

02C01-9605-CR-00147

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 06/09/97
Glenda Whisenhunt vs. Gordon Whisenhunt

02A01-9506-CV-00126

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 06/09/97
State vs. James Harvest

02C01-9506-CC-00167

Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 06/09/97
Barry Wells vs. Ron Rickard

02C01-9610-CV-00358

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 06/09/97
Barry Wells vs. Ron Rickard

02C01-9610-CV-00358

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 06/09/97
State of Tennessee v. David Paul Martin

03S01-9604-CR-00040

We granted review in this case to determine whether a court-ordered mental evaluation violated the defendant’s right against self-incrimination and the right to counsel under the United States and Tennessee Constitutions.

Authoring Judge: Justice E. Riley Anderson
Originating Judge:Judge Richard Baumgardner
Supreme Court 06/09/97
Pacific Properties, v. Home Federal Bank of Tennessee, v. Michael S. Stalcup

03A01-9701-CV-00020

This action for conversion was submitted to a jury which returned a general verdict for the plaintiff, thereby implicitly finding that the fact-driven principal defense of the Statute of Limitations was not well-taken. Home Federal appeals and presents for review issues which, as paraphrased, question the propriety of the submission of the case to the jury, whether the defense of Statute of Limitations was well-taken, as a matter of law, whether requested jury instructions should have been given and whether the drawer of a check adequately instructed the drawee Bank as to its disposition. Pacific Properties

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge William R. Holt, Jr.
Court of Appeals 06/09/97
Thelma W. Kelley, v. John E. Vance and Betty L. Vance, and Allstate Insurance Company

03A01-9701-CV-00031

In this action, plaintiff seeks uninsured motorist coverage from her insurance company, and the Trial Court, responding to motion for summary judgment, granted judgment to defendant Allstate Insurance Company (Allstate). Plaintiff has appealed.

 

Authoring Judge: Justice Herschel Pickens Franks
Originating Judge:Judge Ben W. Hooper, II
Sevier County Court of Appeals 06/09/97
State vs. James Harvest

02C01-9506-CC-00167

Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 06/09/97
Whitney Leigh Davidson, Minor Child, by next friend, Rozan Davidson, v. Donna Wright, et al.

03A01-9702-CH-00051

The Knox County Board of Education adopted a policy against the possession of weapons on school campuses for the school year beginning in September 1995. Whitney Leigh Davidson was provided a copy of the West High School Handbook which explained the policy and the consequences of its violation. On January 23, 1996, while a junior at West High School, she was suspended for a violation of the policy. Following a series of administrative hearings the Board of Education held a plenary hearing and upheld the decision to expel Ms Davidson for one year. Judicial review resulted in a finding that the Board had not acted arbitrarily, illegally or beyond its jurisdiction in expelling Ms. Davidson.

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Chancellor William Everett Lantripp
Knox County Court of Appeals 06/06/97
First Tennessee Bank, National Association, v. Jessi O. Quillian

03A01-9701-CH-00014

This case originated as an action to collect monies due under the terms of a promissory note executed by the defendant to the plaintiff First Tennessee Bank, National Association. An answer was filed by the defendant admitting the execution of the note and that there was an outstanding balance thereon. He also filed a counterclaim in which he sought a setoff and damages for forged checks drawn on his account and paid by the bank. The trial court on motion of the plaintiff, entered a summary judgment against the defendant on the original complaint and dismissed the counterclaim. A judgment in the amount of $34,399.24 was entered against the defendant. This appeal resulted. We affirm the judgment of the trial court.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor R. Vann Owens
Hamilton County Court of Appeals 06/06/97
State of Tennessee vs. Eldred Reid

01C01-9511-CC-00390

The Appellant, Eldreid Reid, appeals as of right his conviction and sentence for one count of rape. He argues on appeal:

 (1) The trial court erred when it permitted the State to introduce evidence that Dorey Horton’s daughter had charged her with assault.
(2) The trial court erred in refusing to permit him to elicit certain testimony from Dorey Horton and in not allowing him to make an offer of proof regarding that testimony.
(3) The trial court erred when it prohibited him from introducing testimony that the first grand jury which considered the case returned a no true bill.
(4) His sentence is excessive.


We have reviewed the record presented in this appeal and find no reversible error. Accordingly, we affirm the Appellant’s conviction and sentence.

Authoring Judge: Judge William M. Barker
Originating Judge:Judge J. S. Daniel
Rutherford County Court of Criminal Appeals 06/06/97
State of Tennessee vs. Michael Robey

01C01-9607-CR-00291

The appellant, Michael Wayne Robey, was indicted on two counts of aggravated burglary and two counts of theft. As part of a plea agreement, the two theft charges were dismissed; and he pled guilty to two counts of aggravated burglary. The appellant was classified as a Range II, multiple offender and the state recommended concurrent sentences of seven years at 35%.

Authoring Judge: Judge Paul G. Summers
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 06/06/97
Anthony W. Nance and Brandon Nance v. Christopher H. Strunk

03A01-9701-CV-00037

In this action arisitn grom a motor vehicle accident, the defendants were granted summary judgment and plaintiffs have appealed.

Authoring Judge: Justice Herschel P. Franks
Originating Judge:Judge Conrad E. Troutman, Jr.
Campbell County Court of Appeals 06/06/97
Aeyon Cho v. Dae-Young Jeong - Concurring

03A01-9608-CV-00257

We granted the application of Dae-Young Jeong (Husband) for an interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider whether the trial court has subject matter jurisdiction to grant his wife, the plaintiff Aeyon Cho (Wife), an absolute divorce.

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Bill Swan
Knox County Court of Appeals 06/06/97
State of Tennessee vs. John Claude Wells, III

01C01-9505-CR-00146

The appellant, John Claude Wells, III, (defendant), was convicted of nine (9) counts of aggravated sexual battery, a Class B felony, by a jury of his peers. The trial court, finding the defendant to be a standard offender, imposed a Range I sentence consisting of confinement for ten (10) years in the Department of Correction in each of the nine counts. The sentences must be served consecutively. The effective sentence imposed was confinement for ninety (90) years in the Department of Correction.

Authoring Judge: Presiding Judge Joe B. Jones
Originating Judge:Judge Ann Lacy Johns
Davidson County Court of Criminal Appeals 06/06/97
Keith Hardware, Inc. v. Douglas L. White and Carolyn L. White - Concurring

03A01-9610-CH-00339

The issue on this interlocutory appeal granted pursuant to T. R. A. P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Lewis W. May
Washington County Court of Appeals 06/06/97
Crystal M. Trueitt v. Alan A. McCurry and Carmen Y. Silvels, v. Alan A. McCurry

03A01-9612-CV-00399

Crystal M. Trueitt and Carmen Y. Silvels, individually and as mother and next friend of Christopher M. Silvels, a minor,2 appeal jugements rendered in heir favor in the Circuit Court for Hamilton County in the amount of $1,033.36, $1,004.60, and $98.50, respectively.

 

Authoring Judge: Presiding Judge Houston P. Goddard
Originating Judge:Judge Samuel H. Payne
Hamilton County Court of Appeals 06/06/97
Corbin Dale Meador, v. Linda J. Meador

03A01-9612-CV-00405

The controversy presently on appeal attacks a judgment entered in a post-divorce petition for contempt, wherein Linda J. Meador seeks to recover property she contends was awarded he i the divorce decree and to find her fomer husband, Corbin Dale Meador in contempt of court for refusing to deliver the property to her.

 

Authoring Judge: Judge Robert M. Summitt
Originating Judge:Presiding Judge Houston P. Goddard
Hamilton County Court of Appeals 06/06/97
Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch

03A01-9703-PB-00077

By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge John A. Bean
Cumberland County Court of Appeals 06/06/97